Newbury Select Board Grapples with Zoning and Property Use Issues
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Meeting Type:
City Council
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Meeting Date:
05/16/2024
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Recording Published:
05/25/2024
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Duration:
131 Minutes
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Towns:
Newbury
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County:
Essex County
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State:
Massachusetts
- Meeting Overview:
In a recent Newbury Select Board meeting, significant time was devoted to the discussion of zoning enforcement decisions and property use concerns, particularly focusing on two separate properties on Northern Boulevard and 31 Rail Sling. The board engaged in a debate regarding a notice of appeal filed against the town’s director of inspectional services and the legality of a renovated garage space being used as a second dwelling unit without proper authorization on Northern Boulevard. Additionally, the board scrutinized a proposal for a detached accessory apartment on Rail Sling, raising questions about its proximity to a pool and potential use as a pool house, which could violate town bylaws.
The most notable issue revolved around the appeal filed by Tim and Anna D of 76 Northern Boulevard, challenging the town’s director of inspectional services for his zoning enforcement decision. Attorneys representing the petitioners argued that the use of the renovated garage space as a living area was never authorized and is unlawful. They insisted on the board affirming the building inspector’s decision, which would cease the renting of the space and mandate the removal of the kitchen and bath fixtures within 60 days.
The board recognized the need for a clear determination about the use of the renovated garage space, focusing the debate on whether it could be considered a dwelling unit or additional living space and the necessity of adherence to zoning bylaws. There was a consensus on the importance of the zoning board of appeals in making the final decision regarding the property’s use and the enforcement of local regulations. The board considered the implications for future owners of the property and the challenges of enforcing rules while ensuring reasonable interpretation of the bylaws.
Concerning the property on Rail Sling, applicants sought special permits for the construction of a detached accessory unit for use as an accessory apartment. The board raised concerns about the unit’s proposed location, specifically its proximity to the main house, pool, and neighboring properties. The potential need for a conservation review was also noted, due to the apartment’s location within a 100-foot buffer line from a pond. Questions were raised about deed restrictions, access to the property, parking, utilities, and the intended use of the accessory apartment, which the applicants claimed would be solely for their mother-in-law and not for rental purposes.
The board’s apprehensions centered on the possibility of the apartment being used as both an accessory apartment and a pool house. The proposed structure’s alignment with town regulations and its impact on the neighborhood became a point of debate. The applicant suggested modifications, such as adding a separate entrance to the apartment, to mitigate the board’s concerns. However, the board remained cautious about the dual use of the structure and its proximity to the pool, emphasizing the need for the accessory apartment to meet specific requirements and not be perceived as a pool house.
Additionally, there was a discussion about a proposed pool enclosure and the necessity for a continuous fence around the pool to ensure separation between the apartment and the pool area. The board requested updated documentation, including updated drawings that outlined the location of utility trenches, parking spots, neighboring houses, and exterior lighting for the safety and compliance of the project. A decision timeline was discussed, including a potential 20-day appeal period and the recording of the approved decision.
The board also reviewed a regulatory agreement for a housing project, focusing on the number of affordable units and the eligibility of purchasers. The process for notarizing signatures was addressed, along with a brief mention of a construction conference and the requirement for additional information for another project.
Tracy Blais
City Council Officials:
Alicia Greco, William DiMaio, Geoffrey Walker, Leslie Matthews, Dana Packer
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Meeting Type:
City Council
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Committee:
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Meeting Date:
05/16/2024
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Recording Published:
05/25/2024
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Duration:
131 Minutes
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Notability Score:
Routine
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State:
Massachusetts
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County:
Essex County
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Towns:
Newbury
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